BILL ANALYSIS

H.B. 2634

By: Flynn

Land & Resource Management

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been noted that there are restrictions on where cemeteries can be located and that as the state's population grows so too does the need for cemeteries. The combination of these factors has resulted in a shortage of burial space. H.B. 2634 seeks to address this issue by setting out provisions relating to municipal boundaries that are used to determine a cemetery location in order to allow for new development of cemeteries in certain areas while still respecting the original intent of the law.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2634 amends the Health and Safety Code to establish that, for the purpose of determining where a cemetery may be located based on proximity to a municipality, the boundary of an area annexed by a municipality is not considered to be a boundary of the municipality if the annexed area cannot be developed as residential or commercial property and is primarily used for flood control.

EFFECTIVE DATE

September 1, 2019.